Ireland—Deed of assignment—unregistered—whole—original lessee


Published by a Lexis+ Ireland - Property expert
Precedents

Ireland—Deed of assignment—unregistered—whole—original lessee


Published by a Lexis+ Ireland - Property expert

Precedents
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Commencement

Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head as with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc.

Date

While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate.

Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK).

It is good practice to date the deed on the operative date so that no external evidence is

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Ireland
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